58. Kaufman, Irving R. Chilling Judicial Independence. With an Introduction by Charles E. Heming. New York: The Association of the Bar of New York, 1979. 50 pp. Original cloth, negligible shelfwear, internally clean. Ex-library. Stamps to front endleaves. $50.
* Text of the Thirty-Fourth Annual Benjamin Cardozo Lecture Delivered Before the Association of the Bar of the City of New York.

1532 Collection of Grenoble Reports

59. La Pape, Guy de (Papa, Guido) [c.1402-c.1487]. [Ferrandat, Henri, Editor]. Decisiones Parlam[en]ti Dalphinalis Grationopolis per Excellentissimii J.U. Monarcham d. Guidonem Pape in Curia Eiusde[m] Civitatis Senatore Dignissimum Edite: Alliduam Materiam Continentesitam in Foro Seculari & Ecclesiastico Creb. Esercitatione Versatilez: Cum Summariis Decisivis (Preter Dilligentissima Emendatione) Manus Appositione Notatis Rote Decisiones Capelieq[ue] Tholosane: Novissime Scripta per Euendem Guidone Pape in Tripertito Suo Opere Consil[iorum] I[m]primim. in Luce Emisso Repertorio/Humeris et Addi. dni. Herici Ferraandi P Pulcre sub hoc Signo Accomodatis. Lyon: Jacobum Hiuncti, 1534. [xl] pp., 267 fols., [3] pp. Main text printed in double columns. Octavo (4-3/4" x 6-3/4"). Later three-quarter vellum over paper boards, hand-lettered title to spine and top edge. Some soling, rubbing with minor wear to extremities, three tiny partial worm holes to boards, hinges starting. Title printed in red and black within an ornamental architectural border. Woodcut head-pieces, tail-pieces and decorated initials. Some wear to edges of preliminaries and final few leaves, faint dampstaining to margins, minor worming to final few leaves and rear pastedown with negligible loss to text, light foxing to portions of text. Early owner signature to title page, occasional early annotations, check marks and underlining. An appealing copy. $1,000.
* Later edition. With side notes. This thoroughly annotated volume contains reports of decisions of the Parlement of Grenoble, France. Like many books of this kind, it opens a window on the legal culture and society of the era. First published in 1504, it was reprinted several times well into the seventeenth century. Beyond its legal value, it is significant as the first book published in Grenoble. Guy de la Pape was a legal scholar and statesman who spent most of his career in Grenoble. His best-known work is Commentaria in Statutum Delphinale, a study of the Dauphine region. KVK locates 12 copies of this edition, which is not listed in Adams or Brunet. See illustration below.

An Ancient English Right

60. [Land Law]. The Law of Commons and Commoners; Or a Treatise Shewing the Original and Nature of Common, And Several Kinds Thereof, Viz. Common Appendant, Appurtenant, Estover, Turbary, Peschary and Pur Cause of Vicinage, Of Commons in Gross, and Sans Number, With the Pleadings in Reference to Every of Them. As Also the Powers and Privileges of Commoners, in Reference to the Soil, to the Lord, to Strangers, and of the Remedies and Actions They May Have. Of Declarations, Pleadings, In and to Actions Brought by and Against Commoners. Approvement, Apportionment, Suspension and Extinguishment of Common. Of Grant of Common, and By What Words Common Shall Pass. Together With the Learning of Prescriptions in General; the Form and Manner of Pleading Prescription, In Reference to Common, in Several Rules. Of Prescription and Pleading by a Copyholder in Reference to Common. Of Evidence to Prove Prescription for Common, the Several Customs of Commoners, and of Enclosures. With Several Forms of Precedents Adapted to Every Sort of Common. With Large Additions. [London]: Printed by Eliz. Nutt and B. Gosling, 1720. [xxi], 271, [8] pp. Includes one-page publisher list. Octavo (4-3/4" x 7-1/2"). Contemporary calf, blind frames to boards, rebacked retaining original spine with raised bands and hand-lettered title. Some rubbing to binding, small scuffs and a few minor stains to boards, hinges mended. Faint dampstaining to lower corner of first quarter of text block, early owner signature to front pastedown, light soiling to verso of final text leaf, interior otherwise fresh. An appealing copy of an uncommon title. $900.
* Second and final edition. Commons is open and uncultivated land or water owned by a lord to which certain occupiers of adjacent enclosed land have stipulated rights. These include the right to pasture animals, to fish (peschary), to cut peat (turbary) and to gather wood (estovers). A body of custom and enacted law with origins in the Anglo-Saxon period, commons was long considered a central English right and a cornerstone of the feudal structure. Indeed, the gradual elimination of commons through the series of enclosure acts enacted from 1760 to 1830 triggered widespread social protest. Though the acts were motivated by the needs of modern agriculture, and had a profound effect on the livelihood of small farmers and the poor, they were not attacked on economic grounds, but as violations of the ancient English rights described in the Law of Common. OCLC locates 18 copies of this edition, 30 of both editions. Sweet & Maxwell 1:401 (32). See illustration below.

Canon Law Cases Dealing with Marital Issues

61. Lazzarato, Damianus. Jurisprudentia Pontificia. Vol. II. De Causis Matrimonialibus Et Separationis. Naples: M. D’Auria, 1963. Three volumes (complete). Cloth very good in lightly worn and soiled dust jackets. Owner stamps to preliminaries of each volume. $150.
* This is part of a multi-volume set that was never continued past this volume, an annotated collection of canon law cases dealing with marital issues.

Precursor to Lieber’s Code

62. Lieber, Francis [1800-1872]. Guerrilla Parties Considered with Reference to the Laws and Usages of War. Written at the Request of Major-General Henry W. Halleck, General-in-Chief of the Army of the United States. Ordered by the Department of War to be Printed for Distribution in the Army. New York: D. Van Nostrand, 1862. 22 pp. Octavo (4-3/4" x 5-1/4"). Side-stitched pamphlet in original printed wrappers. Light shelfwear, tiny inkstamp to rear cover, a few leaves detached or partially detached, internally clean. $350.
* This pamphlet was published a year before Lieber’s code, and it contains several ideas that were incorporated into that work. Halleck’s commission resonates with our current debates concerning the definition of “enemy combatants” and prisoners of war. In the letter to Lieber that is reproduced as a preface Halleck states: “The rebel authorities claim the right to send men, in the garb of peaceful citizens, to waylay and attack our troops, to burn bridges and houses, and to destroy property and persons within our lines. They demand such persons be treated as ordinary belligerents, and that when captured they have extended to them the same rights as other prisoners of war; they also threaten that if such persons be punished as marauders and spies, they will retaliate by executing our prisoners of war in their possession. I particularly request your view on these questions” (3). Sabin, A Dictionary of Books Relating to America 40985.

First English Edition of Lieber’s Civil Liberty

63. Lieber, Francis. On Civil Liberty and Self-Government. London: Richard Bentley, 1853. xv, 552 pp. Octavo (5-1/2" x 8-1/2"). Original cloth, ornate blind-stamped frames to boards, blind-stamped ornaments and gilt titles to spine. Light shelfwear, corners and spine ends bumped, some fading to spine and top portions of boards. Early owner signature to front free endpaper. Internally fresh, most signatures unopened. An appealing copy from the estate of Max Lowenthal. $125.
* First English edition. “Lieber presented the first systematic works on political science that appeared in America.... [H]e retains credit as a notable pioneer with wide influence in more than one generation” (DAB). First published in 1853 and widely read and used as a textbook, this is the best known of his works. Lowenthal [1888-1971] was an important advisor to several senators and President Truman. He played a key role in Truman’s decision to recognize Israel. OCLC locates 23 copies of this edition. Dictionary of American Biography VI:236-238. BMC 15:313.

The Cheyenne Way

64. Llewellyn, Karl N., and E. Adamson Hoebel. The Cheyenne Way. Norman: University of Oklahoma Press, [1953]. ix, 360 pp. Frontispiece. Cloth very good in lightly worn dust jacket. $125.
* Second printing. First published in 1941, this study of Cheyenne law and custom, which was based on field work undertaken in the 1930s, is a classic study of primitive law and a landmark in the development of American jurisprudence.

Ludewig on the Laws of Halle

65. Ludewig, Johann Peter von [1668-1743]. Consilia Hallensium Iureconsultorum, Der Verstorbenen Sowohl. S. Stryken, C. Thomasii U.A. Als Auch des von Ludewig. Davon die Letztere Uber die Helffte des Wekes Ausmachen. In Vier Theilen der Rechte Bestehend, 1) Der Burgerlichen 2) Der Kirchen-Und Consistorial 3) Der Reichs- und Landsatzigen Lehen 4) Zum Teutschen Reichs-und Fursten-Staat Geehdriger Sachen Aus Denen Gottlichen, Sowohl Naturlichen, Als Geoffenbahrten, Romischen, Canonischen und Longobardischen Rechten, Reichs- und Landes-Sagungen und Gewohnheiten Gestellet. Nebst Einer Vorrede von Rechtlichen Gutachten in Romischen und Teutschem Reich. Halle: Zu Finden in der Rengerischen Buchhandlung, 1733-1734. Two Volumes. Folio (8-1/2" x 13-1/4"). Contemporary three-quarter calf over speckled paper boards, Volume I rebacked retaining original spine with raised bands and lettering piece, Volume II rebacked with a duplicate of its original spine, corners repaired, endpapers renewed. Some rubbing to boards, moderate rubbing to extremities, original backstrip of Volume I deteriorated, front board of Volume II just beginning to separate from spine, all hinges cracked, first gatherings of both volumes somewhat loose but secure. Title pages with attractive large copperplate vignettes printed in red and black, Volume I has a fold-out copperplate allegorical frontispiece, Volume II has a copperplate portrait frontis piece of Ludewig. Woodcut head and tail-pieces. Light toning in a few places, interiors otherwise fresh. A solid copy of a rare title. $750.
* Only edition. A professor of philosophy and law at the University of Halle, Ludewig was a leading jurist and the first historian of the Holy Roman Empire. Consilia Hallensium, a compendium of the laws of Halle and their history, is an excellent “case-study” in the development of German law. Halle was an important trading and manufacturing city in Saxony. KVK locates 9 copies, OCLC locates 2. 1 copy in the U.S. (at Harvard University Law School). Not in the BMC.

Early Editions of Key Works for English Canon Law

66. [Lyndwood, William (c.1375-1446)]. [Badius, Josse (1462-1535), Editor]. Provinciale, Seu Constitutiones Angliae: Cum Summariis Atq[ue] Iustis Annotationibus: Politissimis Characteribus: Summaq[ue] Accuration[n]e Rursum Revise. Atque Impresse. [Paris: Printed by Wolfgang Hoppyl for William Bretton, London, 23 March 1505]. [xxxvi] pp., 189 fols., 3 pp. Main text preceded by index.

Athon, Johannis de (Acton, John) [d. 1350]. [Badius, Josse, Editor]. Constitutiones Legitime Seu Legatine Regionis Anglicane: Cu[m] Subtilissma Interpretatione D[omi]ni Johannis de Anthon: Cum Triplici Tabella. Summa Accuratione Recognite: Annotate. [Paris: Printed by Wolfgang Hoppyl for William Bretton, London, 13 September 1506]. [xxiv] pp., 76 [i.e. 77] fols. Main text preceded by index.

     Two works bound as one, each with title page. Text in gothic type printed in double columns; main text surrounded by linear glosses. Folio (9-1/2" x 13-1/2"). Later calf, blind double frames to boards, rebacked retaining lettering piece, raised bands, corners restored, speckled edges. Front free endpaper lacking, rear free endpaper detached. Title pages and texts printed in red and black. Large woodcut arms of William Bretton to the first leaf of both parts, elaborate woodcut title pages with images of the trinity, Adam Bede and Saints Jerome, Thomas, Augustine, Ambrose and Gregory within foliated and historiated borders, large woodcut cartouche to verso of final leaf of first work, large woodcut head-piece vignette of a monarch, knights and clerics in council at beginning of second work. Woodcut and metalcut crible initials throughout. Occasional finger smudges and faint inkspots, wear hole near center of a leaf with minor loss to text. Later armorial bookplate to front pastedown, occasional brief early annotations to text, interior notably fresh. A well-preserved, handsomely printed rare imprint. $6,500.
* Later edition: Lyndwood; second edition: Acton. With indexes. This volume contains two principal English works on canon law edited by Ascensius that were usually published together. First published in Oxford around 1483, the Provinciale is the main authority for early English canon law. Divided into five books, it is a digest of the synodal constitutions of the province of Canterbury from the period of Archbishop Stephen Langton [c.1155-1228] to that of Archbishop Henry Chichele [1414-1443] with Lyndwood’s gloss. It is considered the law of the Church of England by some authorities. The second title, which was first printed in 1504, contains the ecclesiastical constitutions of the thirteenth-century papal legates Otto and Othobone with commentary by Acton. Lyndwood was an ecclesiastical lawyer and statesman. He went on to become the Bishop of Hereford and St. David’s. Acton was a scholar and canonist. OCLC locates 2 copies with both works and 1 without Acton’s. Sweet & Maxwell 1:177 (1), 1:181 (41). Adams, Catalogue of Books Printed on the Continent of Europe, 1501-1600 L2116, L2114. See illustration below.

“Pioneering” Legal Encyclopedia

67. Mack, W., H.P. Nash et al., Editors. Cyclopedia of Law and Procedure. Edited by William Mack et al. New York: American Law Book Co., 1901-1912. 40 volumes. Original tan buckram, leather spine labels. Volume 21 ivory starched buckram with contrasting lettering pieces. Moderately soiled and rubbed, internally very good. $650.
* Editors: v. 1-10: W. Mack and H.P. Nash; v. 11-40: W. Mack, editor-in-chief. Considered a “pioneering effort to publish a legal encyclopedia” by Surrency, this distinguished predecessor of the Corpus Juris Secundum edited by Pomeroy, Dillon, Lawson, and others addresses substantive and procedural law. Surrency, A History of American Law Publishing 177. Catalogue of the Library of the Harvard Law School (1909) [HLC]I:507.

68. MacKintosh, James. The Roman Law of Sale With Modern Illustrations. Digest XVIII.1 and XIX.1 Translated With Notes and References to Cases and the Sale of Goods Act. Edinburgh: T. & T. Clark, Law Publishers, 1907 [1929]. xvi, 299, [5] pp. Includes four-page publisher catalogue. Original cloth, moderate shelfwear with some wear to spine ends and corners, internally clean. $40.
* Second edition reprinted in 1929. With a table of cases. Latin and English translation on facing pages. This work was highly esteemed for its elegant translation, scholarly notes and illuminating comparisons to English common law.

 $85.
* pp. 30-49 contains a descriptive list of “Portraits of Legal Celebrities.” Most items have brief biographical annotations.

First American Edition of Maine’s Ancient Law,
With an Extensive Introduction by Theodore W. Dwight

70. Maine, Henry Sumner [1822-1888]. Ancient Law: Its Connection With the Early History of Society, And Its Relation to Modern Ideas. With an Introduction by Theodore W. Dwight. New York: Charles Scribner & co., 1867. lxix, 400, [4] pp. Includes four-page publisher catalogue. Octavo (5" x 7-3/4"). Original cloth, blind frames with corner fleurons to boards, gilt titles to spine. Binding slightly cocked, some chipping to spine ends, corners bumped and lightly worn, minor inkstain to foot of rear board. Tiny inkstains to bottom margins of a few leaves, corners lacking from two leaves. Early owner signature to head of title page, interior otherwise clean. An appealing copy of a rare edition from the estate of Max Lowenthal. $250.
* First American edition, from the second London Edition (1866). With an extensive introduction by Dwight [1822-1892], the distinguished dean of Columbia University’s Law School. “Maine indicates the place in the development of a legal system of such agencies as legal fictions and equity. He explains the history of the concept of a law of nature; and in his account of the contrast between primitive and modern society—between the place which the law of persons occupies in primitive and modern law—he comes to the famous conclusion that the government of progressive societies has been from status to contract”: Holdsworth, History of English Law XV: 363-4. Lowenthal [1888-1971] was an important advisor to several senators and President Truman. He played a key role in Truman’s decision to recognize Israel. OCLC locates 4 copies of this edition.

71. Maine, Henry Sumner [1822-1888]. Dissertations on Early Law and Custom Chiefly Selected From Lectures Delivered at Oxford. New York: Henry Holt and Company, 1886. vi, [2], 402 pp. Octavo (6" x 8-1/2"). Original cloth, blind frames to boards, gilt titles to spine, unopened signatures. Light shelfwear, some spotting to endleaves, interior otherwise fine. From the estate of Max Lowenthal [1888-1971], an important advisor to Harry S. Truman. $35.
* Second American edition. First published in 1883, this book develops themes introduced in Maine’s important Ancient Law (1861). Both works remain valuable contributions to the study of the comparative legal history.

72. Maitland, Frederic William and Francis C. Montague. A Sketch of English Legal History. Edited with Notes and Appendices by James F. Colby. New York: G.P. Putnam’s Sons, 1915. x, 234 pp. Reprinted 1998 by The Lawbook Exchange, Ltd. Cloth. New. $50.
* In this work Professor Colby has gathered, annotated and arranged into a sequential history of English law numerous essays by Maitland and Montague.

Early American Military Law Treatise

73. Maltby, Isaac [1767-1819]. A Treatise on Courts Martial and Military Law: Containing an Explanation of the Principles Which Govern Courts Martial and Courts of Inquiry, Under the Authority of an Individual State, and of the United States, in War and Peace. The Powers and Duties of Individuals in the Army, Navy, and Militia; and the Punishments to Which They May be Liable, Respectively, for Violations of Duty. The Necessary Forms for Calling, Assembling, and Organizing Courts Martial, and All Other Proceedings of Said Courts. Boston: Printed by Thomas B. Wait and Co., 1813. [viii], 272 pp. Octavo (5" x 8-1/4"). Recent period-style quarter calf over cloth, gilt fillets and lettering piece to spine, endpapers renewed. Toning to text, occasional light foxing, internally clean. $850.
* Only edition of an early American work on military law and courts martial. Based principally on legal and military American sources, it includes a series of twenty-two appendices. The first (and most extensive) contains the American Articles of War adopted in 1806, which outline the procedures for a court martial. Maltby, a member of the Massachusetts legislature and a presidential elector, was a brigadier general of the state militia during the War of 1812. Cohen 9026. See illustration below.

First Maryland Compilation

Published After Ratification

74. [Maryland]. Kilty, William [1757-1821], Compiler and Editor. The Laws of Maryland, To Which Are Prefixed the Original Charter, With an English Translation, The Bill of Rights and Constitution of the State, As Originally Adopted by the Convention, With the Several Alterations by Acts of Assembly, The Declaration of Independence, The Articles of Confederation, The Constitution of the General Government, And the Amendments Made Thereto, With an Index to the Laws, The Bill of Rights, And the Constitution. Annapolis: Printed by Frederick Green, 1799-1800. Two volumes. Quarto (8-1/4" x 10). Recent period-style quarter calf over marbled boards, gilt-edged raised bands and lettering pieces to spines, endpapers renewed, title page of Volume II is a bound-in photocopied facsimile. Negligible light shelfwear to binding. Minor clean tears to margins, light browning and edgewear to some leaves at beginning and end of each text block, occasional light foxing, faint dampstaining to upper corner of the first quarter of Volume I. Early signatures and later owner stamps to title pages, small inkstains to verso of final index leaf, interior otherwise clean. A handsomely bound solid set. $1,000.
* First edition. With index. This was the first collection of Maryland’s laws compiled after the state’s ratification of the U.S. Constitution. It includes English laws that were retained by Maryland and has a section of laws that were not retained. Kilty was an English-born surgeon and jurist who emigrated to America after the beginning of the American Revolution. A member of the Continental Army, he went on to become one of the founders of the Society of the Cincinnati (Sowerby). Jefferson owned a copy of this set. It was later reissued in octavo format and expanded to a seven-volume set containing legislation to 1817. OCLC locates 40 copies of the 1799-1800 edition. Sowerby, Catalogue of the Library of Thomas Jefferson 2171. Babbitt, Hand-List of Legislative Sessions and Session Laws 170. See illustration below.

Facsimile of the

1648 Laws and Liberties of Massachusetts

75. [Massachusetts]. Farrand, Max, Introduction. The Laws and Liberties of Massachusetts. Reprinted from the Copy of the 1648 Edition in the Henry E. Huntington Library. Cambridge: Harvard University Press, 1929. Folio. ix, [4], 59 pp. Cloth very good in a worn dust jacket. $125.
* “The first Book of the General Lawes and Libertyes of Massachusetts, printed at Cambridge in 1648, is important for the study of the development of law; for it was ‘the first attempt at a comprehensive reduction into one form of a body of legislation of an English-speaking country.’ It stands as the basis of all subsequent Massachusetts legislation, and it was also a significant step in the establishment of responsible government. The present printing reproduces the original in type-facsimile, line for line and word for word.”: dust jacket note.

May’s Constitutional History in a Prize Binding

76. May, Sir Thomas Erskine [1815-1886]. The Constitutional History of England Since the Accession of George the Third, 1760-1860. London: Longman’s, Green, and Company, 1871. Three volumes. Octavo (4-3/4" x 6-1/2"). Contemporary signed prize binding by Bickers & Son, London, gilt double rules to boards, large gilt school crest to front of each, raised bands, lettering piece and gilt ornaments to spines, marbled edges and endpapers. Light rubbing to spines and joints, corners bumped and lightly rubbed, small chip to lettering piece and head of Volume II. Presentation inscription to front endleaf of Volume I, interior otherwise clean. An attractive set. $450.
* Third edition, “with a new supplementary chapter.” First published in 1861-63, this was a standard work that went through several editions. It is cited often in Holdsworth’s History of English Law. A barrister by training, May spent his entire professional life in the House of Commons, where he was assistant librarian, clerk assistant and clerk. He was an expert on parliamentary law; his Practical Treatise on the Law, Privileges, Proceedings and Usage of Parliament (1844) remains, in its current edition, the standard guide to parliamentary procedure in the Commonwealth countries. OCLC locates 27 copies of this edition. BMC 17:47.

The Law of the British Parliament

77. May, Sir Thomas Erskine. A Treatise on the Law, Privileges, Proceedings, and Usage of Parliament. Revised and Enlarged. London: Butterworths, 1873. xxvi, 861 pp. Octavo (5-1/2" x 8-1/2"). Contemporary calf, blind rules within gilt double rules to boards, gilt ornaments and red and black lettering piece to spine, top edge gilt, gilt dentelles to board edges, blind inside dentelles, marbled endpapers. Light rubbing with negligible wear to extremities, scuff to lower portion of rear board. Light foxing to a few leaves. Author inscription to title page, interior otherwise clean. An appealing copy. $500.
* Seventh edition. “This edition comprises every alteration in the law and practice of Parliament, and all material precedents relating to public and private business, since the publication of the sixth edition, and contains upwards of fifty pages of new matter. The work has been greatly extended by successive additions, illustrative of the history and proceedings of Parliament...”: Advertisement iii.

Paradise Regained

78. Milton, John [1608-1674]. [Bucer, Martin (1491-1551)]. The Doctrine and Discipline of Divorce: In Two Books. Also the Judgment of Martin Bucer; Tetrachordon; And an Abridgment of Colasterion. With a Preface, Referring to Events of Deep and Powerful Interest at the Present Crisis; By a Civilian. London: Printed for Sherwood, Neely and Jones, 1820. xv, 430 pp. Octavo (5-1/4" x 8-1/4"). Contemporary three-quarter calf over marbled boards, gilt spine with raised bands and lettering piece, ribbon marker. Moderate rubbing to boards, rubbing with some wear to spine ends, joints and corners. Early bookplate to front pastedown, early annotations in pencil to a few leaves. Occasional light foxing, interior otherwise fresh. A nice copy of an uncommon title. $850.
* After the dissolution of his marriage, which lasted 30 days, Milton wrote several controversial pamphlets on divorce. They are collected in this volume. The “Doctrine and Discipline” was written in 1643. Critics of this work are addressed in “Colasterion” (1645). “The Judgment of Martin Bucer” (1644) is a selection of passages by the important early Protestant reformer chosen and translated by Milton. “Tetrachordon” (1645) is a sophisticated defense of divorce based on four passages from Genesis, Deuteronomy, Matthew and First Corinthians. The preface, by an anonymous doctor of civil law, discusses the sensational divorce proceedings between King George IV and Queen Caroline that were underway in the House of Lords in 1820. (This is the “present crisis” that inspired the book’s publication.) OCLC locates 15 copies. BMC 17:617.

79. Morawetz, Victor. Elements of the Law of Contracts. New York: Columbia University Press, 1927. xiv, 170 pp. Original cloth, light shelfwear and soiling, internally clean. Inside flaps from dust jacket laid in. A nice copy. $85.
* Second edition, revised. According to a publisher’s note on the dust jacket, this work “was prepared principally for consideration in connection with the restatement of the law of contracts submitted by the American Law Institute for criticism.” Morawetz was one of the Institute’s founders.

80. Morison, John H. Life of the Hon. Jeremiah Smith, LL. D., Member of Congress During Washington’s Administration, Judge of the United States Circuit Court, Chief Justice of New Hampshire, Etc. Boston, C.C. Little and J. Brown, 1845. viii, 516 pp. Frontispiece. Octavo (5" x 8"). Contemporary cloth, blind frames to boards, decorative blind-stamped ornaments and gilt titles to spine. Some wear to spine ends and corners. Early owner signatures to preliminaries, light foxing to a few leaves, interior otherwise fresh. Ex-library. Rubber stamp to front pastedown. $85.
* Smith was appointed by President Adams as a judge of the United States circuit court February 20, 1801, and served until March 8, 1802, when the court was abolished under the Judiciary Act of 1802. He became chief justice of the Superior Court of New Hampshire in 1802 and served until 1809 when he became Governor of New Hampshire holding that office from 1809 to 1810. He was the Chief Justice of the Supreme Judicial Court of New Hampshire from 1813 to 1816.

Uncommon History of New Jersey Probate Courts

Owned by Harold R. Medina

82. [New York]. The Civil Practice Act and Civil Practice Rules Prepared Pursuant to Chapter 713 of the Laws of 1913 of the State of New York by the Board of Statutory Consolidation Consisting of Adolf J. Rodenbeck, John G. Milburn, Adelbert Moot, Charles A. Collin. Albany: J.B. Lyon Company, Printers, 1915. 158 pp. 6" x 9" pamphlet, spine worn, covers chipped and partially detached. “H.R. Medina” in pencil to head of front cover. Small smudge to title page, interior otherwise pristine. $125.
* This copy belonged to Harold R. Medina [1888-1990], the important attorney, educator and judge. As the Judge of the United States Court of Appeals, 2nd Circuit (New York City) he presided over the widely publicized trial against the 11 top leaders of the U.S. Communist Party that took place over ten months in 1948. Popularly known as the Medina Trial, it established the aggressive tone that characterized the McCarthy hearings and the trial of Alger Hiss.

Sixteenth-Century Collection of

Italian Criminal Cases

84. Pelikan, Jaroslav A. Interpreting the Bible and the Constitution. New Haven: Yale University Press, 2004. 216 pp. Cloth in dust jacket. New. $30.
* The author compares the methods by which the official interpreters of the Bible and the Constitution—the Christian Church and the Supreme Court, respectively—have approached the necessity of interpreting, and reinterpreting, their important texts. He examines what makes something authentically “constitutional” or “biblical,” and he demonstrates how an understanding of one can illuminate the other in important ways.

Voluminous 1545 Collection of Bavarian and Holy

Roman Laws With A Treatise on Contracts by Soccini

85. Perneder, Andreas [c.1500-1543]. Hunger, Wolfgang (1511-1555), Editor. Institutiones: Auszug un Anzaigung Etlicher Geschriben Kayserlichen unnd des Heyligen Reichs Rechte/Wie die Gegenwertiger Zeyten inn Ubung Gehalten Werden: in den Titeln Underschidlich nach Ordnung der Vier Bucher Kaiserlichen Institution Gestelt/mit Einfurung Lateinischer Allegation/ Daneben auch Etlicher Lande und Oberkaiten Besonderer Gewonhaiten unnd Statuten...

[Bound with]

Gerichtlicher Prozess in Wolichem die Gemainen Weltlichen unnd Gaistlichen Recht/ auff Alle und Yede Articul Nicht al Ain Schlecht Allegirt/ Sonder auch als Vil Notwendig/Ordenlich in Ainer Jeden Materi mit Besunder Rainem/ Verstentlichen un Angeneme Teutsch Transferiert un Vordolmetschet Seind...

[Bound with]

Der Lehenrecht Kurze und Aygentliche Verteutschung nit Allain auss den Kayserlichen Satzungen und Derselben Texten/ Sonder auch Vilen Hochberumpten Doctorn/ die Daruber Geschriben/ Gezogen...

[Bound with]

Von Straff unnd Peen Aller unnd Yeder Malefitz Handlungen ain Kurzer Bericht/ Genommen unnd Verfaszt auszden Gemainen Kayserlichen Rechten/ mit Lateinischer Allegation Derselben/ auch Daneben Meldung der Gebreuchlichen Hierinn Hochteutschlands Gewonhaiten/ Nit Anders Zuachten dann Ain Gerichtliche Practica/ Aller Criminal oder Peinlichen Sachen...

Soccini, Bartolommeo (1436-1507). [Perneder, Andreas, Editor.] Suma Rolandina: Das ist ein Kurtzer Bericht/ von Aller Hand Contracten unnd Testamenten/was Derselben Wensenliche Stuck unnd Clausel Seind/ auch von Sondern Gebrauch unnd Wurckund Derselben/ auf Gemainen Geschriben Rechten Gezogen Etc....

Ingolstadt: Alexander Weyssenhorn, 1545. [xxiv], 132; [xi], 97 (fol. 39 lacking); [v], 41; [iii], 23; [viii], 59 fols. Five works in one, each with title page. Folio (8" x 12"). Contemporary wooden boards, traces of vellum to spine, “Gerichtsbuch 1545 and Bavarian arms hand-painted to front. Rubbed, front board detached, half of rear board lacking at fore-edge, cords exposed, wear to spine ends, front endleaves lacking. Title page of first work printed in red and black, title pages and initials printed in bold gothic script. Final signature detached with wear to fore-edges. Minor tear to foot of first work’s title page repaired with archival tape. Minor worming to boards and portions of text, edgewear and minor tears to a few leaves, occasional dampstaining and light foxing. Early signatures and annotations to pastedowns, early signature to first work’s title page, interior otherwise clean. An appealing collection of five uncommon works. $5,000.

* Third editions. With indexes and introductions by Hunger. Parneder, a Bavarian jurist and Secretary to King Wilhelm V, was a prolific writer and an authority of great stature, his works were often reprinted. Their comprehensive, synthetic nature did much to organize legal procedure in the Holy Roman Empire. His works on criminal law were definitive until the mid-seventeenth century. This volume collects his principal works in editions by Hunger, a Bavarian state counsellor. In Deutsche Rechtsquellen, Stobbe says these are the best. Institutiones is an analysis of Justinian’s Institutes with comparisons to relevant laws of the Holy Roman Empire and the Kingdom of Bavaria. Gerichtlicher Prozess summarizes the Empire’s civil and criminal procedure. Der Lehenrecht addresses feudalism and feudal law. Von Straff unnd Peen is a detailed summary of the Empire’s criminal law and procedure. Suma Rolandina is a fifteenth-century treatise by Bartolommeo that describes forms, notaries, obligations and wills in Roman law. None of these editions are listed in Adams or the BMC. Allgemeine Deutsche Biographie XXV:384-385. Stobbe, Deutsche Rechtsquellen II:173. Stalla, Bibliographie der Ingolstadter Drucker des 16. Jahrhunderts 168, 170, 172, 173, 299. See illustration below.

The First Conveyancing Formbook

86. [Phayer (Phayre), Thomas (c.1510-1560)]. A Booke of Presidents, With Additions of Divers Necessarie Instruments, Meet for All Such as Desire to Learne the Manner and Forme How to Make Evidences and Instruments, &c. As in the Table of This Booke More Plainely Appeareth. London: Printed for the Companie of Stationers, 1616. [8], 125, [viii], 125, [vii] fols. Octavo (3" x 5-1/2"). Recent period-style calf, gilt rules to boards, lettering piece, raised bands and gilt fillets to spine, endpapers renewed. Attractive woodcut title-page device, head-piece and tail-piece. Upper corners of a few leaves carefully mended. Signature to head of title page in fine early hand, faint dampstaining to foot of text block, interior otherwise fresh. A beautiful copy. $1,500.
* Later edition. With an index, court calendars and an almanac (t determine future court dates). First published in 1543, this was the first collection of conveyancing forms. The most significant book on land law since Littleton’s Tenures, it was also one of the earliest formbooks printed in England. A popular work, it went through several editions and reissues, the final appearing in 1626. Pollard and Redgrave, A Short-Title Catalogue of Books Printed in England, Scotland, & Ireland 3347.5. See illustration below.

Important Treatise Considers

Presidential War Powers, Codification and

the Status of Married Women

87. Pomeroy, John Norton [1828-1885]. An Introduction to Municipal Law: Designed for General Readers and for Students in Colleges and Higher Schools. New York: D. Appleton and Co., 1864. xxxviii, 544 pp. Octavo (5-1/2" x 8-1/2"). Original textured cloth, blind frames to boards, gilt titles to spine. Light rubbing, minor wear with some fraying to spine ends and corners, partial crack between front endleaf and title page. Internally fresh. $100.
* First edition. This important treatise is not a study municipal law in the modern sense, but a study of the positive law of the state and its history. A widely circulated book, it was highly regarded for its elegant prose style and thoughtful consideration of such topics as codification, legislation relating to married women and the war powers of the president under the Constitution. A second edition was published in 1883. HLC II:370.

Early Poughkeepsie Formbook

88. [Potter, Paraclete (1784-1848), Compiler]. The Clerk’s Assistant. Revised and Greatly Improved. By a Gentleman of the Bar. Poughkeepsie, NY: Published by Paraclete Potter, 1814. [1], 357 pp. Octavo (5-1/4" x 8-1/4"). Contemporary calf, lettering piece, blind fillets to boards and spine. Inkstains, Some rubbing and a few scuffs, chipping to edges of lettering piece, light wear to board edges, corners bumped, front joint starting, hinges cracked but secure. Corner lacking from a leaf with no loss to text, light foxing, occasional inkstains. Early annotations to front free endpaper and a few leaves, interior otherwise clean. $200.
* Second edition. This popular formbook for laymen was first published in 1805 and later expanded and published in 1814 as The Clerk’s and Magistrate’s Assistant with only minor changes in content. A bookseller, journalist and publisher, Potter edited the Poughkeepsie Journal for nearly thirty years. Cohen 8074.

89. Pound, Roscoe [1870-1964]. An Introduction to the Philosophy of Law. New Haven: Yale University Press, 1945. 318 pp. Original cloth, light shelfwear and minor faint spotting to boards. Dampspotting to endleaves, interior otherwise fresh. From the estate of Max Lowenthal [1888-1971], an important advisor to Harry S. Truman. Annotations in pencil to front free endpaper, possibly by Lowenthal. $25.
* First printing.”Dean Pound has given us a clear, concise introduction to the philosophy of the law. It is so concise that it is impossible to summarize it so as to give any idea of its wealth of learning....An excellent, impartial and concise presentation of the subject...”: William Herbert Page, Harvard Law Review, cited in Marke 922.

90. Pound, Roscoe. The Spirit of the Common Law. Boston: Marshall Jones Company, [1921]. xv, 224 pp. Cloth very good in worn and moderately soiled dust jacket. Light foxing to some leaves, interior otherwise fresh. From the estate of Max Lowenthal. $35.
* “[Pound’s method] is that of brilliant generalization and of stimulating suggestions of parallelism drawn from legal history.”: Thomas W. Swan, Harvard Law Review 35:481-482 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 923.

91. Roughead, William. Glengarry’s Way and Other Studies. Edinburgh: W. Green & Son, 1922. xv, 307, [1] pp. Frontispiece. Plates. Original cloth, moderate shelfwear, spots and stains to boards, hinges cracked but secure, internally clean. $25.
* Contents: “Glengarry’s Way: A Footnote to ‘Waverley.’” “Plagium: A Footnote to ‘Guy Mannering,’”Locusta in Scotland: A familiar Survey of Poisoning, As Practised in That Realm,” “Poison and Plagiary,” “The Strange Woman,” “The Last Tulzie,” “The Twenty-Seven Gods of Linlithgow,” “The Hard Case of Mr. James Oliphant,” “The Hanging of James M’Kean: Lord Braxfield’s Last Case” and “The Bi-Centenary of Lord Braxfield.”

92. Salem, Morris. Reflections of a Lawyer. New York: [Morris Salem], 1911. 144 pp. Portrait frontispiece. Original cloth, some shelfwear, hinges cracked but secure, internally clean. $30.
* A collection of wry essays, a satirical law glossary and a poem about the legal profession and its foibles.

Scarce Treasury of

Early German Laws and Legal Customs

93. Schottelius, Justus Georg [1612-1676], Editor. De Singularibus Quibusdam & Antiquis in Germania Juribus & Observatis. Kurzer Tractat Von Unterschiedlichen Rechten in Teutschland, Als Zum Exempel: Das Hagestolzen Recht, Das Garten Recht, Das Baulebungs Recht, Das Schillings Recht, Das Baar Recht, Das Schupfflehn Recht, Das Mann Recht, Das Rutschar Recht, Das Fursten Recht, Das Strand Recht, Das Send Recht, Das Haberen Recht, Das Cent Recht, Das Bodmaren Recht, Das Zehnd Recht, Das Ufforantz Recht, Das Weichbild Recht, Das Krahn Recht, Das Weichfried Recht, Das See Recht, Das Stadt Recht, Das Stapel Recht, Das Bau Recht, Das Spies Recht, Das Au Recht, Das Ordel Recht, Das Noth Recht, Das Behm Recht, Das Gast Recht. Frankfurt: Gottlieb Heinrich Grentz, [1671?]. [xiv], 587, 13 pp. Engraved added title page lacking.

Gericke, Johann Werner [fl. 1717]. Schottelius Illustratus et Continuatus, Sive Spicilegium ad D. Justi Georgii Schottelii J.C. Tractatum de Singularibus et Antiquis in Germania Juribus et Observatis. Oder: Nachlese zu des Hrn. Schottelii Tractat von Alten Sonderbahren Rechten und Gewohnheiten in Teutschland, Welcher Beygefuget, Statt einer Continuation, ein Curieuser Anhang Einiger Alten Rechte und Gewohnheiten, so von dem Hn. Autore Entweder Gar Nicht, oder Nicht Ausfuehrlich Beruehret Worden, als: 1. Vom Wahrer Ursprung, Beschaffenheit, Fortgang und Untergang des Westphalischen Gerichts. 2. Vom Floss-Recht. 3. Vom Meyerdings-Recht. 4. Von der Alten Ritter-Straffe des Hundetragens. 5. Vom Creutz-Gericht. 6. Vom Gericht des H. Abendmahls. 7. Vom Gericht des Geweiheten Brods oder Kase, Vulgo Corssned. 8. Vom Loss-Gericht. 9. Vom Alten Eyd-Gericht. Nebst Nothigem Register. Leipzig: Verlegt Gottfried Freytag, 1718. [xx], 226, [18] pp.

Octavo (4" x 6-1/2"). Contemporary vellum, hand-lettered titles to spine. Soiling to spine, minor stains to spine and rear board. Front hinge cracked but secure, front free endpaper partially detached. Title pages printed in red and black, attractive woodcut head-pieces, tail-pieces and decorated initials. Light browning to title page of first work, interior otherwise fresh. Nice copies of two uncommon works. $2,000.
* Second edition, Schottelius; third edition, Gericke. These related works form a fascinating compendium of curious early German laws from the Sachenspiegel and other sources. These books, which were often bound together, are an unparalleled treasury of legal folklore and a useful source for the history of German jurisprudence. According to Faber de Faur, this undated edition of Schottelius is often incorrectly dated 1671 because that date appears on the dedication, which was reprinted from the first edition without changes. OCLC locates sixteen copies of Schottelius, twelve of this edition, and five copies of Gericke. Faber de Faur, German Baroque Literature: A Collection in the Catalogue of the Yale University Library 702, 703. See illustration below.

94. Schroeder, Theodore. “Obscene” Literature and Constitutional Law. A Forensic Defense of Freedom of the Press. New York: Privately Printed for Forensic Uses, 1911. 439 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. Cloth. New. $85.
* A comprehensive argument in favor of free speech by the noted New York attorney and founding member of the Free Speech League.

Comprehensive Treatise on

Succession in the Holy Roman Empire

95. Schurerius, Ambrosius (Schurer, Ambrosius). De Haereditatibus Quae ab Intestato Deferuntur, Tam ex Arte Boni et Aequi, Doctrina: Quam ex Quotidianis Sori Decisionibus cum Actionibus Quoq., Libellis & Exceptionibus Praxis: Iuxta Ius Commune, Feudorum, Saxonicum, & Quorundum Locorum Atque Civitatum Statuta. Urteyl und Urtelmessige Spruche oder Rechtsbelernung von Allerley Erbfellen, auch Form und Art der Clag und Erbforderungslibell/ Sampt Rechtlichen Schutzwehren/ nach Gemeinen Beschriebenen Keyser auch Lehen und dann Sechsischen Rechten/ mit Angehessten Etlicher Lande/ Furstenthumb/ Grassschaften und Stedt Satzungen und Gowonheit. Euisdem Authoris Methodica de Gradibus Consanguinitatis & Affinitatis Explicato. Leipzig: H. Stanmann, [1571]. [xi], 583, 64 pp. Final preliminary leaf lacking. Eight folding tables. Quarto (6-1/4" x 8"). Contemporary paneled pigskin with elaborate tooling, raised bands, hand lettered title to spine. Minor wear and light soiling, boards slightly bowed. Title page printed in red and black, woodcut tables of descent and consanguinity. Underlining and early annotations to endleaves and parts of text. One leaf partially detached, interior otherwise sound. Ex-library. Small shelf label to foot of spine, small inkstamp to title page. An impressive—and uncommon—volume. $1,500.
* With indexes. Text in Latin and German. This comprehensive treatise summarizes the laws of succession from the feudal, Roman, canon, Saxon and customary systems recognized in the Holy Roman Empire. Schurer was a Professor of Law at the universities of Leipzig and Erfurt. This work was first published in 1567. OCLC locates 2 copies, one of this edition. Jocher, Allgemeines Gelehrten-Lexikon IV:390. Vorschlage des Deutschen Juristentages fur die Art der Anfuhrung von Rechtsquellen 16:S4337. See illustration below.

96. Schwartz, Bernard. A Commentary on the Constitution of the United States: The Powers of Government. New York: The Macmillan Company, [1963]. Two volumes. Cloth very good in slip case with some shelfwear. Internally clean. $75.
* Volume I Federal and State Powers; Volume II Powers of the President. This is the first part of a three-part study of American Constitutional Law. The other two are The Rights of Property and Rights of the Person.

Scholarly Edition of Fleta by the Selden Society

97. Selden, John [1584-1654]. Richardson, H.G., and G.O. Sayles, Editors. Fleta. London: Bernard Quaritch, 1953 (Volume I); London: The Selden Society, 1972, 1983 (Volume II and III). Three volumes. Complete as issued. Original cloth, some shelfwear. Owner bookplate to front pastedown of Volume I, owner signature to front endleaf of Volume II. Internally clean. A very good set. $100.
* Selden Society Volumes 72, 89 and 99. The work by and anonymous author describes the practice of the courts, the forms of writs and an explanation of law terms as they existed during the reign of Edward I. While Bracton earns the highest praise as the father of legal learning, Fleta deserves a great deal of credit for the illustrations he offered to some of the obscurities found in Bracton. This edition of Fleta had a remarkably long publication history. Work commenced in 1942, but the final volume was not published in 1983. Another volume containing an introduction, notes, and indices was never published.

“Ignorance of the Law is no Excuse”

98. Shirley, John L. Everybody’s Law Book. New York: F.M. Lupton, 1896. 64 pp. Octavo (5-3/4" x 8"). Pamphlet in original printed wrappers. Light wear to edges and some clean tears to a few leaves at beginning and end of text, wrappers partially detached at ends but still secure. Toning, internally clean. A nice copy of a rare item. $125.
* “This book is intended as a manual or guide to persons who are not lawyers, in respect to the rules of law and the drawing of legal documents. In the forms herein given, what may be termed the standard portions of the forms are printed in Roman type...and those portions which when blank forms are used are written in with the pen are in italics” (1). OCLC locates 3 copies.

Essays of Lord Somers on The Constitution, Parliament Crown and Other Matters

99. [Somers, John, Baron (1651-1716)]. A Collection of Scarce and Valuable Tracts, On the Most Interesting and Entertaining Subjects: But Chiefly Such as Relate to the History and Constitution of These Kingdoms. Selected From an Infinite Number in Print and Manuscript, In the Royal, Cotton, Sion, and Other Public, As Well as Private Libraries. Particularly That of the Late Lord Sommers. Revised by Eminent Hands. London: Printed for F. Cogan, 1748. Four volumes. Two fold-out tables. Quarto (8" x 10"). Recent period-style quarter calf over cloth, raised bands and lettering piece to spines, endpapers renewed. Light foxing to a few leaves, interiors otherwise fresh. A handsome set. $1,500.
* First edition. With a subscriber list that includes the Prince of Wales, The Archbishop of Canterbury, the speaker of the House of Commons, and many other “Persons of Quality and Distinction.” This is a wonderful collection of about 400 sources on debates concerning the constitution, crown, parliament, foreign affairs, historical topics and religious controversies. Most of the essays are by Somers; the others are by such distinguished writers as William Prynne, William Penn, Jonathan Swift and Algernon Sydney. The essays by these other writers respond or relate to the pieces by Somers. Somers, a barrister of the Middle Temple and an important Whig statesman, was Lord Chancellor of England during the reigns of William and Mary and Queen Anne. He presided over the framing of the Bill of Rights (1689). He is best known for two pamphlets on juries (which are not included in this collection): The Security of Englishmen’s Lives Or the Trust, Power and Duty of the Grand Juries of England Explained According to the Fundamentals of the English Government (1681) and The Judgment of Whole Kingdoms and Nations, Concerning the Rights,Power, and Prerogative of Kings, and the Privileges, & Properties of the People (1709). This title, while complete, is part of a series. Three other four-volume collections were also published. A second edition of all of these by Sir Walter Scott was published in 1809-15. BMC 23:955.

First Edition of Historic Study of Gavelkind

100. Somner, William [1598-1669]. A Treatise of Gavelkind, Both Name and Thing. Shewing the True Etymologie and Derivation of the One, the Nature, Antiquity, and Original of the Other. With Sundry Emergent Observations, Both Pleasant and Profitable to be Known of Kenting-Men and Others, Especially Such as Are Studious, Either of the Ancient Custome, Or the Common Law of This Kingdome. By (A Well-Wisher to Both). London: Printed by R. and W. Leybourn, 1660. [xxiv], 216 [8] pp. Quarto (5-1/2" x 7"). Nineteenth-century three-quarter calf over marbled boards, raised bands, gilt fillets and lettering piece to spine, endpapers renewed. Light rubbing to boards, some wear to extremities, joints just starting at ends, front hinge cracked but secure, rear hinge starting, title page partially detached but secure. Armorial bookplate to front pastedown, woodcut head-pieces, tail-pieces and decorated initials. Light toning to text, occasional light foxing. An attractive copy overall. $1,250.
* First edition. Gavelkind is a form of land tenure unique to Kent (and its environs) in which land descends equally to the decedent’s sons. It was common during the Saxon era, but was gradually supplanted by primogeniture after 1066. Produced during the first wave of modern English legal scholarship, Somner’s pioneering work was the first study of gavelkind, and one of the first important studies of early English law. Philological in orientation, it is a history of gavelkind and an analysis of its forms. Texts of significant documents are included. He also goes beyond his subject in one section to discuss the law of succession to chattels. Somner, a pupil of Causubon, was an ecclesiastical lawyer and historian of Anglo-Saxon law and literature who is best known for his pioneering Saxon-Latin-English dictionary (1659). KVK locates 4 copies of this edition, 21 copies of all editions. Sweet & Maxwell 1:477 (31). Wing S4668. See illustration below.

101. St. Germain (German), Christopher. Plucknett, T.F.T., and J.L. Barton, Editors. St. German’s Doctor and Student. London: Selden Society, 1974. lxxvi, 346 pp. Original cloth, some shelfwear, faint dampstaining to boards. Owner name to front free endpaper, interior otherwise clean. $35.
* Selden Society volume 92. An important book, cited by generations of legal commentators, that heavily influenced the development of equity.

102. Stone, Harlan F. [1876-1946]. Law and Its Administration. New York: Columbia University Press, 1915. vii, 232 pp. Original cloth, some shelfwear, crease to front board. Annotations in pencil to front endleaves, interior otherwise clean. From the estate of Max Lowenthal [1888-1971], an important advisor to Harry S. Truman. $25.
* First edition. The Hewitt Lectures, Columbia University, published during Stone’s tenure as dean of Columbia Law School (1910-1923), covering basic fundamental legal concepts and the nature and function of law. Stone was chief justice of the Supreme Court from 1941 to the end of his life. (The annotations may not be those of Lowenthal; They are accompanied by the signature of a different person.)

104. Story, Joseph. Commentaries on the Law of Agency as a Branch of Commercial and Maritime Jurisprudence, With Occasional Illustrations from the Civil and Foreign Law. Boston: Charles C. Little and James Brown, 1839. xxiii, 544 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. Cloth. New. $130.
* Reprint of the first edition. This treatise was written during the period in which Story [1779-1845] was an Associate Justice of the United States Supreme Court and Professor of Law at Harvard Law School. In his Legal Bibliography (1847), Marvin praised the thoroughness of this treatise, noting that “[Story] has everywhere illustrated the doctrines of common law, by copious extracts from distinguished writers on Roman and Continental law” (672). And in The Formative Era in American Law, Pound includes this title in a list of the most influential and authoritative American treatises written during the nineteenth century (140-141).

An Excellent Companion to Blackstone

106. Sullivan, Francis Stoughton [1719-1776]. Stuart, Gilbert, Editor. Lectures on the Constitution and Laws of England: With a Commentary on Magna Charta, and Illustrations of Many of the English Statutes. The Second Edition. To Which Authorities are Added, and a Discourse is Prefixed, Concerning the Laws and Government of England. London: Printed for Edward and Charles Dilly, 1776. xvi, xxxii, 415 pp. Quarto (8-1/4" x 10-1/2"). Recent period-style quarter calf over marbled boards, raised bands, lettering piece, endpapers renewed, untrimmed edges. Occasional minor tears and chips to edges, early owner signature to head of half-title in fine hand, later annotation in pencil to a leaf. Light toning to text, interior otherwise clean and fresh. An appealing copy of an uncommon work. $1,500.
* Second edition. Sullivan was Royal Professor of the Common Law at the University of Dublin. One of the first attempts to sketch the outlines of English constitutional law, this book had its origins in a series of lectures. Holdsworth notes that the “needs of [Sullivan’s] students had made it necessary for him to adopt a plan which was different from the plan adopted by Blackstone. Blackstone’s students were more advanced; and, as Blackstone’s lectures were given in a law vacation, they could supplement the information which he gave them by information acquired by means of attendance upon the courts of Westminster.” As a result Sullivan is more elementary in its scope, but also more detailed because it explains several matters that are only implied or omitted altogether by Blackstone. This book is thus an excellent companion to Blackstone and a valuable primary source for the study of eighteenth-century English common law. Holdsworth, HEL XII:342-343. Sweet & Maxwell 1:108. See illustration below.

Interesting Treatise on

Maritime Law Praised by Joseph Story

107. Targa, Carlo. Ponderazioni Sopra le Contrattazioni Marittime, Colla Giunta Delle Leggi Navali, e Del Gius Navali de’ Rodii Gre. Lat. Degli Statuti Degli Ufiziali di Sicurta Della Citta di Firenze. Nuova Edizione Ricorretta, e Illustrata. Livorno: Nella Stamperia di Gio. Paolo Fantechi e Compagni, 1755. [vi], vi-xii, 368, [2], iii-vi, 38, [2], 39-59 pp. Three works with one, each with title page. Quarto (6-1/2" x 8-3/4"). Contemporary vellum, “Targa” in early hand to head of spine, speckled edges. Corners lightly bumped, tiny scuff to front board, a few tiny worm holes to joints and hinges. Attractive copperplate vignettes to title pages, handsome woodcut head-pieces, tail-pieces and decorated initials. Early owner signature to front endleaf, interior notably fresh. A desirable copy of an uncommon title. $1,850.
* An enlarged later edition of an interesting treatise on maritime law, contracts and insurance. The main text is followed by a critical edition of the Rhodian Sea Law (in Greek with a parallel Latin text), which was compiled between 600-800 CE, and the complete text of the Florentine insurance statutes, which were enacted in 1529. Joseph Story held this work in high regard: “We had almost forgotten to speak of an author who was a countryman and contemporary of Casaregis, and is often cited by him with great respect and approbation. We allude to Targa, who, in his Reflections on Maritime Contracts.has drawn from the civil and canon law, the Consolato del Mare, the usages of maritime nations, and preceding writers, the most useful learning on all the subjects of maritime la except insurance; and has adapted his work to practice by collecting the forms of the various contracts, with hints for their proper application. He is generally esteemed as an industrious and correct author; but his fame seems lost in the superior blaze of his illustrious countryman.”: “Literature of the Maritime Law” (1818) reprinted in The Miscellaneous Writings of Joseph Story, ed. William W. Story 111-112. Story owned a copy of this edition. See Hoeflich and Beck, Catalogues of Early American Law Libraries: The 1846 Auction Catalogue of Joseph Story’s Library 51. Not in Kress, Goldsmiths’ or Einaudi. This edition not in the British Museum Catalogue. KVK locates 9 copies of this edition, 12 of all editions. See illustration below.

Abortion, Clairvoyance and a Hung Jury

108. [Trial]. Hayden, Reverend Herbert H., Defendant. The Rev. H.H. Hayden: An Autobiography. The Mary Stannard Murder Tried on Circumstantial Evidence. Hartford: Press of the Plimpton Mfg. Co., 1880. 164 pp. Illustrated throughout with engravings. Octavo (5-1/2" x 9"). Original pictorial wrappers, light soiling and a few minor stains, some wear to spine ends and corners, binding secure, internally clean. A nice copy of an uncommon title. $200.
* Not an autobiography in the usual sense, but the courtroom testimony of Hayden and his wife, along with portions of the trial’s closing speeches. “In 1879, the body of Mary Stannard, twenty-two, once the servant of Reverend Herbert H. Hayden, was found in one of Hayden’s fields in Madison, Conn. Her throat was cut, her skull was fractured, and there was arsenic in her stomach. Stannard had spoken to several people about her recent pregnancy by Hayden, and explained that he was going to give her something to induce an abortion. She said also that she was planning to meet Hayden in the field to pick berries and discuss their future. Unable to account for himself during the time of the killing, Hayden was arrested after it was discovered that he had purchased an ounce of arsenic “to kill rats” the day of his former servant’s death.... At the three-month trial, a clairvoyant testified to the defendant’s innocence, the first such incident in an American courtroom. A hung jury resulted in Hayden’s release.”: Nash, Encyclopedia of World Crime 1493. OCLC locates 26 copies. McDade, The Annals of Murder 450.

The Trial of Joan of Arc

A Facsimile of the Original Court Report

109. [Trial]. Joan, of Arc, Saint [1412-1431], Defendant. Marchand, Jean, Introduction. Le Proces de Condamnation de Jeanne d’Arc. Reproduction en Fac-simile du Manuscrit Authentique, Sur Velin, No 1119 de la Bilbliotheque de L’Assemblee Nationale. Paris: Plon, [1955]. Paper board slipcase, corners bumped, some wear to extremities. Facsimile bound in limp vellum in near fine condition. The facsimile is accompanied by a softbound 18-page scholarly introduction in near-fine condition. An appealing copy of an interesting fine-press production. $500.
* Limited edition 500 copies. Photostatically reproduced on paper that simulates vellum, on leaves individually trimmed to match the contours of the originals, this facsimile reproduces the original Latin manuscript court report of the trial of Joan D’Arc. In her brief two-year career, Joan used her accounts of religious visions to rally French resistance during the 100 Years’ War. Captured by the English in 1431, she was convicted of heresy in a politically-motivated trial and burned at the stake. She died a national hero. A quarter-century later, the Church, impressed by her piety, overturned her original conviction. She remained an important figure in the Western imagination and was canonized in 1920.

Rare Trial Account Involving

Theodore Sedgwick and John Duer

110. [Trial]. The Mutual Safety Insurance Company, Defendant. The Mutual Safety Insurance Company, ads. Frederick R. Griffin. Case. Theodore Sedgwick, Defendant’s Attorney. John Duer, Of Counsel. Moore & Havens, Plaintiff’s Attorney. F.B. Cutting, Or Counsel. [New York]: Wm. C. Bryant & Co., [1844]. 36, [2], 24 pp. Octavo (6-1/4" x 10"). Contemporary sheep, blind fillets to boards and spine, lettering piece. Moderate rubbing, some scuffing to boards, chipping to head of spine, joints starting, corners bumped and somewhat worn, crack between front endleaf and title page. Early owner and later institutional bookplates to front pastedown. Light foxing to a few leaves, interior otherwise fresh. A nice copy of a rare title. $125.
* “This was an action of assumpsit, brought by the plaintiff on a Policy of Insurance made by the defendants, to recover as for a total loss of the vessel mentioned in the policy. (...) The cause came on to be tried before his honor Samuel Jones, Chief Justice of the Superior Court of the City of New York...” (1). Sedgwick [1811-1859], a legal theorist and associate of David Dudley Field, and Duer [1782-1858], an authority on marine insurance and a director of the Safety Insurance Company, were two of the most prominent American lawyers of the nineteenth century. No copies on OCLC. Not in Cohen.

111. [Trials]. Fawkes, Guy, Et Al., Defendants. Carswell, Donald, Editor. Trial of Guy Fawkes and Others (The Gunpowder Plot). London: William Hodge & Company, [1934]. vi, 191, 35 pp. Plates. Includes 25-page publisher catalogue. Cloth very good in worn dust jacket. Dampspotting to edges and endleaves, text otherwise fresh. From the estate of Max Lowenthal [1888-1971], an important advisor to Harry S. Truman. $25.
* The Gunpowder Plot of 1605 was a failed attempt by a group of Catholics to kill King James I of England, his family, and most of the Protestant aristocracy by blowing up the Houses of Parliament during the State Opening.

Pennsylvania State Trials

112. [Trials]. [Hogan, Edmund, Reporter]. The Pennsylvania State Trials: Containing the Impeachment, Trial, and Acquittal of Francis Hopkinson, and John Nicholson, Esquires. Volume I [All Published]. Philadelphia: Francis Bailey, 1794. iv, 776 pp. Octavo (5" x 8"). Contemporary sheep, gilt fillets and lettering piece to spine. Light rubbing to boards, some rubbing to extremities, chipping to head of spine, front joint just starting at head. Offsetting to margins of endleaves, light foxing in a few places. Early owner signatures to front free endpaper and head of title page, interior otherwise clean. $150.
* Only edition. Hopkinson, a signer of the Declaration of Independence, was charged and subsequently acquitted of allegations stemming from a quarrel with the Pennsylvania State Board of Treasury while he was treasurer of loans and judge of the admiralty in 1780. Nicholson was an extremely important figure during the Revolutionary period in Pennsylvania. As Comptroller General of the State, he had the sole authority over all state accounts. This power prompted some to question his integrity. In 1793 he was impeached by the Pennsylvania House for redeeming his own state certificates instead of funding them in federal certificates. He was acquitted by the Senate in 1794. Not in Cohen. HLC II:1105.

Nine Items Relating to the First Jacobine Rebellion

113. [Trials]. [Jacobite Rebellion]. A True Account of the Horrid Conspiracy Against the Life of His Sacred Majesty William III. King of England, Scotland, France and Ireland, &c. Setting Forth by Whom it was to be Carried on; And the Manner of Its Discovery. Published by Authority. [London]: Printed by Edward Jones, 1692. 8, [2] pp.

Graham, Sir Richard [1648-1695], and John Ashton [d.1691], Defendants. The Arraignment, Trials, Conviction and Condemnation of Sir Rich. Grahme, Bart. Viscount Preston in the Kingdom of Scotland, And John Ashton, Gent. For High-Treason Against Their Majesties King William And Queen Mary, In Conspiring the Deposition and Death of Their Majesties, The Alteration of the Present Government, The Invasion of This Kingdom of England by the French King, And Raising a Rebellion Within This Kingdom Against Their Majesties. At the Sessions of Goal-Delivery of Newgate, Holden for the County of Middlesex at Justice-Hall in the Old-Baily, On the 16th, 17th and 19th Days of January, 1690 in the Second Year of Their Majesties Reign. To Which Are Added, Two Letters Taken at Dublin the 4th of July, 1690. From the Late King James to the Pope, Dated Dublin, Novemb. 26, 1689. The Other From the Earl of Melfort, the Said Late King’s Principal Secretary of State, Sent to the Late Queen, Dated at Rome, May 2, 1690. Published by Her Majesties Special Command. London: Printed for Samuel Heyrick and Thomas Cockerill, 1691. [ii], 138, [2] pp.

Charnock, Robert [c.1663-1696], Primary Defendant. The Tryals and Condemnation of Robert Charnock, Edward King, and Thomas Keyes, for the Horrid and Execrable Conspiracy to Assassinate His Sacred Majesty, K. William, in Order to a French Invasion of This Kingdom. Who Upon Full Evidence Were Found Guilty of High-Treason, at the Sessions-House in the Old-Baily, March 11, 1695/6, Together With a True Copy of the Papers Delivered by Them to the Sheriffs of London and Middlesex at the Time of their Execution. London: Printed for Samuel Heyrick and Isaac Cleave, 1696. [ii], 76, [2] pp.

Friend, Sir John [d. 1696], Defendant. The Arraignment, Tryal, And Condemnation of Sir John Friend, Knight. For High Treason, In Endeavouring to Procure Forces From France to Invade This Kingdom, And Conspiring to Levy War in This Realm for Assisting an Abetting the Said Invasion, In Order to the Deposing of His Sacred Majesty King William, And Restoring the Late King. At the Sessions-House in the Old-Bayly, On Monday March 23, 1695/6. And Perused by the Lord Chief Justice Holt, And the King’s Council, Who Were Present at the Tryal. London: Printed for Samuel Heyrick and Isaac Cleve, 1696. [ii], 44 pp.

[Bound with]

A Letter to the Three Absolvers, Mr. Cook, Mr. Collier and Mr. Snett. Being Reflections on the Papers Delivered by Sir John Friend, And Sir William Parkyns, To the Sheriffs of London and Middlesex: At Tyburn, The Place of Execution, April 3, 1696, Which Said Papers Are Printed at Length, And Answered Paragraph by Paragraph. London: Printed for R. Baldwin, 1696. 16, [2] pp.

Rookwood, Ambrose [1664-1696], Defendant. The Arraignment, Tryal, and Condemnation of Ambrose Rookwood, For the Horrid and Execrable Conspiracy to Assassinate His Sacred Majesty King William, In Order to a French Invasion of This Kingdom. Who Upon Full Evidence Was Found Guilty of High Treason Before His Majesty’s Justices of Oyer and Terminer, At Westminster, On Tuesday the 21st. of April, 1696, and Received Sentence the Day Following. And Was Executed at Tyburn on the 29th Day of the Said Month. In Which the Tryal is Contained All the Learned Arguments of the King’s Council, And Likewise the Council for the Prisoner, Upon the New Act of Parliament for Regulating Tryals in Cases of Treason. London: Printed for Samuel Heyrick and Isaac Cleve, 1696. [ii], 75, [3] pp.

Cranburne, Charles [d. 1696], and Robert Lowick [d. 1696], Defendants. The Arraignments, Tryals and Condemnations of Charles Cranburne, And Robert Lowick, For the Horrid and Execrable Conspiracy to Assassinate His Sacred Majesty King William, In Order to a French Invasion of This Kingdom. Who Upon Full Evidence Were Found Guilty of High-Treason, Before His Majesty’s Justices of Oyer and Terminer at Westminster, And Received Sentence the 22d. of April, 1696. And Were Executed at Tyburn the 29th. of the Said Month. In Which Tryals are Contained All the Learned Arguments of the King’s Councel, And Likewise the Councel for the Prisoners, Upon the New Act of Parliament for Regulating Tryals in Cases of Treason. London: Printed for Samuel Heyrick and Isaac Cleve, 1696. [ii], 32, [2] pp.

Cooke, Peter, Defendant [d. 1696]. The Arraignment, Tryal, and Condemnation of Peter Cooke, Gent. For High-Treason, In Endeavouring to Procure Forces from France to Invade this Kingdom, And Conspiring to Levy War in This Realm for Assisting and Abetting the Said Invasion, In Order to the Deposing of His Sacred Majesty, King William, And Restoring the Late King. Who Upon Full Evidence Ws Found Guilty at the sessions-House in the Old Baily, On Wednesday the 13th of May, 1696. And Received Sentence the Same Day. With the Learned Arguments Both of the King’s and Prisoner’s Council Upon the New Act of Parliament for Regulating Tryals in Cases of Treason. Perused by the Lord Chief Justice Treby, And the Council Present at the Tryal. London: Printed for Benjamin Tooke, 1696. [ii], 71 pp.

Knightley, Alexander, Defendant [d. 1696]. The Arraignment, Confession, and Condemnation of Alexander Knightley; For the Horrid and Execreble Conspiracy to Assassinate His Sacred Majesty, K. William in Order to a French Invasion of This Kingdom: At the King’s Bar, Westminster, On the 30th of April and 25th of May. London: Printed for Samuel Heyrick, 1696. [ii], 8 pp.

Folio (8-1/2" x 13-1/2"). Recent period-style quarter calf over cloth, raised bands and lettering piece to spine, endpapers renewed. Faint dampstaining to margins in a few places, creases, finger smudges and some minor tears to some leaves, interior otherwise fresh. A unique collection. $1,500.
* First (or only) editions. These items record the fate of Charnock and the other leading members of the first Jacobite Rebellion, which aimed to restore the exiled James II to the English throne after the Glorious Revolution of 1688. A True Account is a history of the rebellion. Wing T2373, A3768, T2244, A3759, L1751, A3755, A3757, A3748A.

Early Compilation of U.S. Constitutions

114. [United States]. Constitutional Law: Comprising the Declaration of Independence, the Articles of Confederation, the Constitution of the United States, and the Constitutions of the Several States Composing the Union, viz. Massachusetts, New Hampshire, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, Vermont, Kentucky, Tennessee, Ohio, Indiana, Louisiana, Mississippi, Illinois, Alabama, Maine, Missouri. Philadelphia: Bennett & Walton, 1822. 135 pp. Modern quarter calf over cloth boards, endpapers renewed. $1,250.
* Third edition (of four). With an appendix containing federal and state amendments enacted between 1808 and 1822. This book is the first compilation of its kind since the ratification of the United States Constitution. OCLC locates 2 copies of this edition. Cohen 3015.

Well-Preserved Early

Compilation of Vermont Laws

115. [Vermont]. The Laws of the State of Vermont, Digested and Compiled: Including the Declaration of Independence, The Constitution of the United States, and of this State. Volumes First and Second, Coming Down to, and Including the Year MDCCVII; With an Appendix, Containing Titles of Local Acts; and an Index of the Laws in Force. Published by Order of the Legislature. Volumes I & II: Randolph: Printed by Sereno Wright, 1808; Volume III: Rutland: Published by Fay, Davison & Burd, 1817. Three volumes. Octavo (5" x 8-1/2"). Contemporary sheep, blind frames to boards, lettering piece and black-stamped fillets and volume numbers to spines. A few tiny inkstains and some minor scuffing, minor wear to joints and corners, hinges starting. Offsetting to margins of endleaves, light foxing at ends of each text block, interiors otherwise fresh. Early owner signature to the head of each title page, interiors otherwise clean. A well-preserved complete set. Uncommon. $250.
* First edition. With an index, side-notes, forms of oaths, sample legal forms, list of repealed laws and an appendix containing titles of local and private acts. This was originally issued as a two-volume set. The third volume is a continuation covering legislation from 1808 to 1816. It contains a cumulative list of titles. OCLC locates 9 copies. Babbitt, Hand-List of Legislative Sessions and Session Laws 573.

Scarce Treatise by an Early American

Authority on Criminal Law

116. Wharton, Francis [1820-1889]. Precedents of Indictments and Pleas, Adapted to the Use Both of the Courts of the United States and Those of All the Several States: Together With Notes on Criminal Pleading and Practice, Embracing the English and American Authorities Generally. Philadelphia: James Kay, Jun. and Brother, 1849. [ii], xviii, [2], 694 pp. Includes two-page publisher list. Octavo (6" x 9"). Contemporary sheep, blind fillets to boards, raised bands and lettering piece to spine. Moderate rubbing and some scuffs, boards beginning to separate from spine but still secure, some chipping to spine ends. Offsetting to margins of endleaves, light foxing in a few places. Early owner signature to front free endpaper, interior otherwise clean. A solid copy a scarce title. $150.
* First edition. With forms. Wharton was an important early authority on American criminal law and a prolific author on the subject. Revisions of his treatises by later authors are in print today. OCLC locates 36 copies of this edition. Cohen 3776. See illustration below.

117. Whishaw, James. A New Law Dictionary: Containing a Concise Exposition of the Mere Terms of Art, and Such Obsolete Words as Occur in Old Legal, Historical and Antiquarian Writers. London: J. & W.T. Clarke, 1829. Reprinted 2004 by The Lawbook Exchange, Ltd. With new Introduction by Bryan A. Garner. Cloth. New. $125.
* Whishaw [1808-1879], a member of Gray’s Inn, set out to produce a law dictionary in the tradition of Rastell, which would offer “the exposition of the common terms and phrases of the Law” (Preface p. vi) in a concise manner unlike the voluminous dictionaries that were being produced contemporaneously. Although intended as a simplification of terms and created for the young lawyer, this is by no means a dictionary merely for the novice. Whishaw included French, Latin and English words and phrases as well as “obsolete words” from “old legal, historical and antiquarian writers” and cited early law books and dictionaries in the entries (Cowell, Blount, Hale’s Pleas of the Crown, etc.). This dictionary went into a later edition in 1832. In 1835 Whishaw published A Synopsis of the Members of the English Bar. This important work remains uncommon institutionally and in the trade. See illustration below.

What if France Invaded Great Britain?

118. Williams, Joseph. An Essay on Invasions and Defence of the Coasts: with Short Tracts on Various Temporary Subjects; Particularly a Review of the King of Prussia’s Conduct. London: Printed for the Author, 1797. viii, 55 pp. Octavo (5" x 8"). Stab-Stitched pamphlet bound into recent period-style marbled paper boards with calf spine label. Early annotation to margin of a leaf, text notably fresh. $500.
* Only edition. “The alarm of an invasion from France has led me to consider, First, the probability of such an event, and next the consequence: to draw inferences from past attempts by what has been done, and, comparing the situation of such times with the present, to judge of what may be done, as much as the vicissitudes and chances of war can admit” (1). OCLC locates 2 copies, 1 in the U.S. (at the U.S. Navy Historical Center).

119. Woodbine, George E. Four Thirteenth Century Law Tracts. A Thesis Presented to the Faculty of the Graduate School of Yale University in Candidacy for the Degree of Doctor of Philosophy. New Haven: Yale University Press, 1910. vi, 183 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. Cloth. Minor soiling, else fine. $40.
* Following a detailed introduction in English, this important source contains four tracts in Law French, “the Fet Asaver, a tract on procedure probably by Hengham; the Cum sit necessarium or Modus Componendi Brevium, and the Exceptiones ad Cassandum Brevia, complementary tracts on writs.” Holdsworth, Sources and Literature of English Law 34.